Rivas v. Miller
| Rudi Rivas |
| Mark Miller |
| 2:2022cv03514 |
| June 13, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Civil Case Terminated. (Coleman, Laurie) |
ORDER DISMISSING CASE. Electronic Order: Before the Court is yet another petition seeking a writ of habeas corpus pursuant to 28 U.S.C. 2254 filed by incarcerated pro se petitioner Rudi Rivas (Petitioner). Like his six prior petitions (Rivas v. Miller, 21-CV-7041 (2254 Petition dismissed and leave to file successive Petition denied by the Second Circuit because the motion does not depart from Petitioners prior pattern of vexatious filings.); Rivas v. Walsh, 00-CV-2985 (same); Rivas v. Griffin, 14-CV-0632 (same); Rivas v. Griffin, 14-CV-6828 (2254 Petition transferred to the Second Circuit as successive and Second Circuit denied leave to file and, by Mandate dated October 16, 2015, entered a leave-to-file sanction requiring that the Clerk of th[at] Court refuse to accept for filing any further submissions from Petitioner pertaining to his 1994 and 1995 convictions unless he first obtains leave from a judge of th[at] Court to file such papers.); Rivas v. Lee, 15-CV-7011 (2241 Petition transferred to the Second Circuit as successive and Second Circuit dismissed Petition because it does not represent a departure from Petitioners prior pattern of vexatious filings.); Rivas v. Lee, 18-CV-5190 (2241 Petition transferred to the Second Circuit as successive and the Second Circuit dismissed it)), the instant petition again seeks to challenge two state court judgments of conviction against him: (1) Indictment No. 217-94, a judgment of conviction was entered in the County Court, Suffolk County (Vaughn, J.) against Petitioner on September 23, 1994 upon a guilty plea to Criminal Sale of a Controlled Substance in the Second Degree, and sentencing him to eight (8) years-to-life; and (2) Indictment No. 2506-94, a judgment of conviction was entered in the same court against Petitioner on June 22, 1995 upon a jury verdict convicting him of Criminal Sale of a Controlled Substance in the First Degree and Criminal Possession of a Controlled Substance in the First Degree, and sentencing him to twenty-five (25) years-to-life on each count, to run concurrently to each other and consecutive to his earlier eight (8) year sentence. Upon review of the declaration accompanying Petitioners application to proceed in forma pauperis, the Court finds that Petitioners financial status qualifies him to commence this action without prepayment of the filing fees. See 28 U.S.C. 1915(a)(1). Accordingly, Petitioners application to proceed in forma pauperis is GRANTED. However, because the instant Petition is successive within the meaning of Antiterrorism and Effective Death Penalty Act (AEDPA), this Court lacks jurisdiction. Torres v. Senkowski, 316 F.3d 147, 151 (2d Cir. 2003) (The AEDPA allocates jurisdiction to the courts of appeals, not the district courts, to authorize successive habeas motions or applications.) Accordingly, Petitioner must move for authorization to pursue this successive Petition for habeas relief in the United States Court of Appeals for the Second Circuit. See 28 U.S.C. 2244(b)(3)(A). Given that the Second Circuit has entered a leave-to-file sanction due to his prior pattern of vexatious filings, and has recently denied leave-to-file a similar successive petition (see Mandate, dated May 19, 2022, under District Court Docket No. 21-CV-7041, in the interests of justice, the Court declines to transfer this Petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. 1631. Rather, any applications shall be made in the first instance to the Second Circuit Court of Appeals and only in accordance with the Circuit Courts 2015 leave-to-file sanction. Given the dismissal of this Petition, the Clerk of the Court shall terminate the Motion for Bond (Docket Entry No. 4) and close this case. The Clerk of the Court shall also mail a copy of this Electronic Order to the Petitioner at his address of record and note such service on the docket. So Ordered. Ordered by Judge Joan M. Azrack on 7/21/2022. (Newbill, Quenique)
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| Filing 4 Letter MOTION for Bond by Rudi Rivas. (Ortiz, Grisel) |
| Filing 3 Notice of Related Cases: 95-cv-387-ADS-WDW, 00-cv-2985-ADS, 14-cv-632-SJF, 14-cv-6828-SJF, 15-cv-7011-SJF, 18-cv-5190-JS, 19-cv-5719-JS and 21-cv-7041-JMA The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) Modified to correct related case numbers on 6/15/2022 (Cox, Dwayne). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Rudi Rivas. (Cox, Dwayne) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Rudi Rivas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet) (Cox, Dwayne) |
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| Petitioner: Rudi Rivas | |
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| Respondent: Mark Miller | |
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